Appeal Court affirms Okorocha’s election

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Pix: His Excellency, Deputy Governor of Imo State, Prince Eze Madumere speaking to the newsmen shortly after the Supreme Court in its judgment upheld Governor Okorocha and his election while dismissing the PDP 2015 guber candidate, Emeka Ihedioha’s petition in Abuja earlier today.

The Supreme Court of Nigeria has upheld the election of Governor Okorocha as it dismissed Hon. Emeka Ihedioha’s appeal to quash the ruling of the lower court against its challenge against Governor’s victory at the tribunal.

Hon. Justice Inyang Okoro reading the lead judgment dismissed the appeal brought to it through the lead counsel of Ihedioha, Chief Mike Ahamba (SAN) for lack of merit and non-compliance of court rules thereby causing a procedural bridge.

It will be recalled that the Chairman of the election tribunal sitting in Owerri, Imo State, Justice David Wyom dismissed Emeka Ihedioha’s petition against Governor Okorocha’s election on the grounds that the petitioner failed to to comply with the rules guiding the proceedings. Challenging the judgment of the tribunal, Emeka Ihedio through his counsel, Chief Mike Ahamba filed an appeal where it committed a similar procedural default leading, thereby denying the lower appellate court from exercising its jurisdiction.

The court ruled that the appeal at the lower court of appeal largely lacked merit and deprived the lower court its jurisdiction to entertain the matter following the confused and defaulted originating processes which was devoid of notice of appeal notice of court hearing and at various times dumped notices to respondents at the APC office. The Hon. Justice also wondered why notices of court hearing were dumped at APC office without the order of the court for substituted service.

The court considered that process as an attempt to make the court a slave in its own rule; it therefore submitted that such matter was foisted in a nullity.
Speaking at various points on the matter, the Justices of the Supreme Court of Nigeria led by the presiding Justice of the Supreme Court of Nigeria, Hon. Justice John Afolabi Fabiyi all voted against the appellant and they reminded the lead counsel, Chief Mike Ahamba (SAN) that a matter becomes a justiceable only when its foundation and originating processes are right.

The apex court wondered how an appellant could plaster so much negative allegations of misconduct on its listed respondents only to say they are not relevant in a matter they were considered masterminds.

It therefore upheld the lower court ruling for striking out the matter for lack of merit as it lacked competence.

It therefore dismissed the matter based on lack or merits and competence since its foundation already confined the matter a nullity.

Speaking to the newsmen, Imo Deputy Governor, Prince Eze Madumere described the judgment as victory for democracy and as revalidation of Imo people’s mandate to Governor Okorocha.

While appreciating the PDP 2015guber candidate for exercising his constitutional right for approaching the court for whatever he felt injured his right as a candidate, he called on all and sundry to join hands towards realizing the Imo State of collective dream.

Meanwhile, most members of PDP and supporters of Hon. Ihedioha who may have had a premonition of what was to befall them did not put in appearance in the court.